[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Proposed Rules]
[Pages 45918-45920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21799]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AG 37
List of Approved Spent Fuel Storage Casks: (NAC-MPC) Addition
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations to add the NAC International Multi-Purpose Canister
(NAC-MPC) cask system to the List of approved spent fuel storage casks.
This amendment will allow the holders of power reactor operating
licenses to store spent fuel in the NAC-MPC cask system under a general
license.
DATES: The comment period expires November 8, 1999. Comments received
after this date will be considered if it is practical to do so, but the
NRC is able to assure consideration only for comments received on or
before this date.
ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attn: Rulemakings and
Adjudications Staff. Hand deliver comments to 11555 Rockville Pike,
Rockville, MD, between 7:30 a.m. and 4:15 p.m. on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
website (http://ruleforum.llnl.gov). This site provides the
availability to upload comments as files (any format) if your web
browser supports that function. For information about the interactive
rulemaking site, contact Ms. Carol Gallagher (301) 415-5905; e-mail
[email protected]
Certain documents related to this rulemaking, including comments
received by the NRC, may be examined at the NRC Public Document Room,
2120 L Street NW. (Lower Level), Washington, DC. These documents also
may be viewed and downloaded electronically via the interactive
rulemaking website established by NRC for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234,
e-mail, spt@nrc.gov of the Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended
(NWPA), requires, ``for the dry storage of spent nuclear fuel at
civilian power reactor sites, with the objective of establishing one or
more technologies the (Nuclear Regulatory) Commission may, by rule,
approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the NWPA
states, in part, ``(t)he Commission shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under section 218(a) for use at the site of any civilian
nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license,
publishing on July 18, 1990, a final rule in 10 CFR part 72 entitled,
``General License for Storage of Spent Fuel at Power Reactor Sites''
(55 FR 29181). This rule also established a new subpart L within 10 CFR
part 72 entitled ``Approval of Spent Fuel Storage Casks,'' containing
procedures and criteria for obtaining NRC approval of dry storage cask
designs.
Discussion
This proposed rule would add the NAC International Multi-Purpose
Canister (NAC-MPC) cask system to the list of NRC-approved casks for
spent fuel storage in 10 CFR 72.214. Following the procedures specified
in 10 CFR 72.230 of Subpart L, NAC International (NAC) submitted an
application for NRC approval with the Safety Analysis Report (SAR):
``Safety Analysis Report for the NAC Multi-Purpose Canister System
(NAC-MPC), Revision 2.'' The NRC evaluated the NAC submittal and issued
a preliminary Safety Evaluation Report (SER) on the NAC SAR and
proposed Certificate of Compliance (CoC) for the NAC-MPC cask system on
August 9, 1999.
The NRC is proposing to approve the NAC-MPC cask system for storage
of spent fuel under the conditions specified in the proposed CoC. This
cask system, when used in accordance with the conditions specified in
the CoC and NRC regulations, will meet the requirements of 10 CFR part
72; thus, adequate protection of the public health and safety would be
ensured. This cask system is being proposed for listing under 10 CFR
72.214, ``List of approved spent fuel storage casks,'' to allow holders
of power reactor operating licenses to store spent fuel in this cask
system under a general license. The CoC would terminate 20 years after
the effective date of the final rule listing this cask in 10 CFR
72.214, unless the cask system's CoC is renewed. The certificate
contains conditions for use which are specific for this cask system and
addresses issues such as operating procedures, training exercises, and
spent fuel specification.
The proposed CoC for the NAC-MPC cask system and the underlying
preliminary SER, dated August 9, 1999, are available for inspection and
comment at the NRC Public Document Room, 2120 L Street, NW. (Lower
Level), Washington, DC. Single copies of the proposed CoC and
preliminary SER may be obtained from Stan Turel, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, telephone (301) 415-6234, email spt@nrc.gov.
Discussion of Proposed Amendments by Section
Section 72.214 List of approved spent fuel storage casks.
Certificate Number 1025 would be added indicating that:
[[Page 45919]]
(1) The title of the SAR submitted by NAC International is ``Final
Safety Analysis Report for the NAC Multi-Purpose Canister System (NAC-
MPC System)'';
(2) The certificate expiration date would be 20 years after final
rule effective date; and
(3) The model number affected is NAC-MPC.
Finding of No Significant Environmental Impact: Availability
Under the National Environmental Policy Act of 1969, as amended,
and the NRC regulations in subpart A of 10 CFR part 51, the NRC has
determined that this rule, if adopted, would not be a major Federal
action significantly affecting the quality of the human environment
and, therefore, an environmental impact statement is not required. The
rule is mainly administrative in nature. It would not have significant
environmental impacts. The proposed rule would add the NAC-MPC cask
system to the list of approved spent fuel storage casks that power
reactor licensees can use to store spent fuel at reactor sites without
additional site-specific approvals by the NRC. The environmental
assessment and finding of no significant impact on which this
determination is based are available for inspection at the NRC Public
Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single
copies of the environmental assessment and finding of no significant
impact are available from Stan Turel, Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555, Telephone (301) 415-6234, email spt@nrc.gov.
Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the Atomic Energy Act of
1954, as amended (AEA) or the provisions of the Title 10 of the Code of
Federal Regulations. Although an Agreement State may not adopt program
elements reserved to NRC, it may wish to inform its licensees of
certain requirements via a mechanism that is consistent with the
particular State's administrative procedure laws, but does not confer
regulatory authority on the State.
Paperwork Reduction Act Statement
This proposed rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget, approval number 3150-0132.
Public Protection Notification
If a means to impose an information collection does not display a
currently valid OMB control number, the NRC may not conduct or sponsor,
and a person is not required to respond to, the information collection.
Voluntary Consensus Standards
The National Technology Transfer Act of 1995 (Pub. L. 104-113)
requires that Federal agencies use technical standards that are
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is inconsistent with applicable law or otherwise
impractical. In this proposed rule, the NRC would add the NAC-MPC cask
system to the list of NRC approved casks for spent fuel storage in 10
CFR 72.214. This action does not constitute the establishment of a
standard that establishes generally-applicable requirements.
Plain Language
The Presidential Memorandum dated June 1, 1998, entitled ``Plain
Language in Government Writing,'' directed that the Government's
writing be in plain language. The NRC requests comments on this
proposed rule specifically with respect to the clarity and
effectiveness of the language used. Comments should be sent to the
address listed under the heading ADDRESSES above.
Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent nuclear fuel under a
general license. Any nuclear power reactor licensee can use NRC-
certified casks to store spent nuclear fuel if it notifies the NRC in
advance, spent fuel is stored under the conditions specified in the
cask's CoC, and the conditions of the general license are met. In that
rule, four spent fuel storage casks were approved for use at reactor
sites and were listed in 10 CFR 72.214. That rule envisioned that
storage casks certified in the future could be added to the listing in
10 CFR 72.214 through rulemaking procedures. Procedures and criteria
for obtaining NRC approval of new spent fuel storage cask designs were
provided in 10 CFR part 72, subpart L. Subsequently, additional casks
have been added to the listing in 10 CFR 72.214.
The alternative to this proposed action is not to certify these new
designs and give a site-specific license to each utility that proposes
to use the casks. This would cost the NRC more time and money for site-
specific reviews. Using site-specific reviews would ignore the
procedures and criteria currently in place for the addition of new cask
designs and would be in conflict with the NWPA direction to the
Commission to approve technologies for the use of spent fuel storage at
the sites of civilian nuclear power reactors without, to the extent
practicable, the need for additional site reviews. Also, this
alternative is anticompetitive because it would exclude new vendors
without cause and would arbitrarily limit the choice of cask designs
available to power reactor licensees.
Approval of the proposed rule would eliminate the above problems
and is consistent with previous Commission actions. Further, the
proposed rule will have no adverse effect on public health and safety.
The benefit of this proposed rule to nuclear power reactor
licensees is to make available a greater choice of spent fuel storage
cask designs that can be used under a general license. However, the
newer cask design may have a market advantage over the existing designs
because power reactor licensees may prefer to use the newer casks with
improved features. The new cask vendors with casks to be listed in 10
CFR 72.214 benefit by having to obtain NRC certificates only once for a
design that can then be used by more than one power reactor licensee.
The NRC also benefits because it will need to certify a cask design
only once for use by multiple licensees. Casks approved through
rulemaking are to be suitable for use under a range of environmental
conditions sufficiently broad to encompass multiple nuclear power plant
sites in the United States without the need for further site-specific
approval by NRC. Vendors with cask designs already listed may be
adversely impacted because power reactor licensees may choose a newly
listed design over an existing one. However, the NRC is required by its
regulations and the NWPA direction to certify and list approved casks.
This proposed rule would have no significant identifiable impact or
benefit on other Government agencies.
Based on the above discussion of the benefits and impacts of the
alternatives,
[[Page 45920]]
the NRC concludes that the requirements of the proposed rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory, and thus, this action is
recommended.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the NRC certifies that this rule will not, if promulgated,
have a significant economic impact on a substantial number of small
entities. This proposed rule affects only the licensing and operation
of nuclear power plants, independent spent fuel storage facilities, and
cask vendors. The companies that own these plants do not fall within
the scope of the definition of ``small entities'' set forth in the
Regulatory Flexibility Act or the Small Business Size Standards set out
in regulations issued by the Small Business Administration at 13 CFR
part 121.
Backfit Analysis
The NRC has determined that the backfit rule (10 CFR 50.109 or 10
CFR 72.62) does not apply to this proposed rule because this amendment
does not involve any provisions that would impose backfits as defined
in the backfit rule. Therefore, a backfit analysis is not required.
List of Subjects In 10 CFR Part 72
Criminal penalties, Manpower training programs, Nuclear materials,
Occupational safety and health, Reporting and recordkeeping
requirements, Security measures, Spent fuel.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to
adopt the following amendments to 10 CFR part 72.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
1. The authority citation for part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 10d-
48b, sec. 7902, 10b Stat. 31b3 (42 U.S.C. 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148,
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153,
10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
2. In Sec. 72.214, Certificate of Compliance 1025 is added to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1025
SAR Submitted by: NAC International
SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose
Canister System
(NAC-MPC System)
Docket Number: 72-1025
Certification Expiration Date: [insert 20 years after the effective
date of the final rule]
Model Number: NAC-MPC
* * * * *
Dated at Rockville, Maryland, this 9th day of August, 1999.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-21799 Filed 8-20-99; 8:45 am]
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